The main legal point established in the judgment is that false complaints, refusal to reconcile, and demand for separate residence and business can amount to mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984, against the order and decree dated 27.07.2020 made in F.C.O.P.No.166 of 2015 on the file of the Family Court, Salem.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed against the order and decree dated 27.07.2020 made in F.C.O.P.No.166 of 2015 on the file of the Family Court, Salem.

2. The respondent is husband and appellant is wife. The respondent filed F.C.O.P.No.166 of 2015 on the file of the Family Court, Salem, for the relief of divorce by dissolving the marriage conducted on 30.01.2012 between the respondent and appellant on the ground of cruelty under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as, 'the Act').

Case of the respondent

3(a).The respondent and appellant got married on 30.01.2012. On the first night, the appellant did not allow the respondent to cohabit and threatened the respondent that if he attempts, she will give complaint of rape against the respondent and his family members. On coming to know the failure of first night, the parents of the respondent, at the interest of the respondent, arranged for medical examination and in the medical examination, it was found that there was no defect to lead their matrimonial life.

3(b).Due to some undesirable event that took place prior to the marriage, the appellant attempted suicide and she was saved by medical treatment. She has married the respondent without her consent due to compulsion of her parents. Slowly the respondent made the appellant to forget her past and to lead a marital life. After that, the appellant lived with the respondent only for about 2 or 3 months. During that time, she did not discharge her duties as wife in the matrimonial home. The appellant never took any interest to do domestic work in the matrimonial home, she used to get up from the bed only at 8.00 a.m, her attitude was a great agony and torture to the respondent. The family members of the respondent took a lenient attitude and did not insist the appellant for doing household work. The appellant insisted the respondent to bring money from the family business without knowledge of others. But the respondent, with permission of his father and brothers, brought money from the family business, but appellant did not allow the respondent to spend that amount for their outing. The appellant insisted the respondent to come out from joint family and their business and set up own business or to work in her father's business. This was not accepted by the respondent and hence, the appellant treated the respondent cruelly and tortured him. Due to this unreasonable demand, the respondent suffered mental cruelty. The appellant used to go to her parent's house. Only after mediation and after imposing several conditions by the appellant and her parents, the appellant used to come to the matrimonial home. In the meantime, the appellant conceived. As per customs, the respondent and his family members arranged for a Valaikappu function in a Kalyana Mandapam and a female child by name Dhanishka was born on 14.09.2013 at Vijaya Hospital. The respondent and his parents often attended the appellant at the Hospital as well as at the house of her parents. When they visited at the Hospital, the appellant and her parents insulted the respondent and his family members. Subsequently, only after mediation, the appellant came to matrimonial home on 03.03.2014. Again, she insisted a separate establishment. She never allowed the family members of the respondent even to touch the child. Within a short time, inspite of great effort taken by the respondent, on 13.03.2014, the appellant left the matrimonial home again.

3(c).In order to have a cordial matrimonial life, the respondent took a separate rented house at Door No.97/2, Angalamman Koil Street, Manianoor. Even in the separate house, the appellant tortured the respondent mentally and physically, insi